CR 95-196 Waiver Of Plat - 15 8th AVE SNovember 1, 1995
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95 -102 approving a
waiver of plat to add seven feet of the vacated north/south alley to 15 Eighth Avenue South.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Gleeson seconded a motion
to approve Resolution RZ95 -29, recommending approval of a waiver of plat to add seven feet
of the vacated north/south alley to 15 Eighth Avenue South. The motion carried
unanimously.
Overview.
The applicant, Dale Lommen, is proposing to add seven feet of the recently vacated
north/south alley to the lot that is occupied by the former Bursch building. The additional
property is needed because Mr. Lommen is proposing to construct an addition to the rear of
the existing building, which requires a 15 -foot rear yard setback. The building code also
requires a greater setback than currently exists. With the waiver of plat, the proposed building
will comply with both zoning setback and building code requirements.
Mr. Locomen owns the former Bursch building and the parking lot to the east.
Primary Issues to Consider.
o What is the zoning of the properties?
o Do the lots meet the requirements for a waiver of plat?
o Does the waiver of plat require a park dedication fee?
o What occurred at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues.
o Resolution 95 -102.
ill._. 111. ,1$_
Nancy
Planner
Anderson, AICP
WAIVER OF PLAT - -15 8TH AVENUE SOUTH
Council Report 95 -196
Primary Issues to Consider.
o What is the zoning of the properties?
CR95 -196
Page 2
The subject properties are zoned B -3, General Business. A minimum lot size of 3000 square
feet is required. The new lots will meet the minimum requirements.
o Do the lots meet the requirements for a waiver of plat?
The following are the requirements for a waiver of plat:
a) the lot(s) involved in the proposed division are platted.
b) the division requested is a substantially single line.
c) the division will not create more than one additional lot.
d) the division will not require the dedication of a public right -of -way or extension of
utilities in a public right -of -way.
e) the new lots created conform to all standards of the appropriate district.
The new lots created by the waiver of plat meet the requirements for a waiver of plat.
o Does the waiver of plat require a park dedication fee?
A park dedication fee is not required if no additional lots are created. In this case no
additional lots are created.
o What occurred at the Zoning and Planning meeting?
The staff reviewed the need for the waiver of plat. The staff noted that Mr. Lommen was the
property owner of both the properties.
Alternatives.
1. Approve the waiver of plat. By approving the waiver of plat, an additional seven feet of
property will be added to the former Bursch property.
2. Deny the waiver of plat. By denying the waiver of plat, the additional seven feet of
property will not be added to the former Bursch property. If the City Council considers
this alternate, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95 -102
RESOLUTION MAKING FINDINGS OF FACT
AND APPROVING AN APPLICATION
FOR A WAIVER OF PLAT AT 15 EIGHTH AVENUE SOUTH
WHEREAS, an application for Waiver of Plat WVR95 -3 made by Dale Lommen to add seven
feet of the vacated north/south alley to 15 Eighth Avenue South is approved.
WHEREAS, the procedural history of the application is as follows:
1. That an application for Waiver of Plat WVR95 -3 was filed with the City of Hopkins on
October 18, 1995.
2. That the Hopkins Planning Commission, pursuant to mailed notices, held a meeting on the
application and reviewed such application on October 31, 1995.
3. That the written comments and analysis of City Staff and the Planning Commission were
• considered.
4. Legal descriptions of the new properties are as follows:
15 Eighth Avenue South
The North 30 of Lot 43 and all of Lots 44 and 45, Block 3, West Minneapolis, the
boundaries of which tract are marked by Judicial Landmarks placed at the Southeast and
Southwest corners of the North 30 feet of Lot 43 of said Block 3 and the Northeast and
Northwest corners of Lot 45 of said Block 3, according to the recorded plat thereof, and
situate in Hennepin County, Minnesota.
The North 20 feet of Lot 42; and the South 20 feet of Lot 43, all in Block 3, West
Minneapolis, together with the West 1/2 of the vacated alley which accrued to the North
20 feet of Lot 42 by reason of the vacation thereof in Document No. 4145677, according
to the recorded plat thereof, and situate in Hennepin County, Minnesota.
All of the north -south alley in Block 3, West Minneapolis, lying south of a line extended
across said north -south alley connection the northwest corner of Lot 8 with the northeast
corner of Lot 45, and lying north of a line extended across said alley connecting the
southwest corner of Lot 10 and the southeast corner of Lot 43, all in Block 3, West
Minneapolis, according to the recorded plat thereof, Hennepin County, Minnesota.
ATTEST:
James A. Genellie, City Clerk
Page 2
Parking area
Lot 8, except the Southerly 2 feet thereof, Block 3, West Minneapolis, according to the
recorded plat thereof, and situate in Hennepin County, Minnesota.
The Southerly 2 feet of Lot 8 and all of Lots 9 and 10, Block 3, West Minneapolis,
according to the recorded plat thereof, and situate in Hennepin County, Minnesota.
NOW, THEREFORE BE IT RESOLVED that the application for Waiver of Plat WVR95 -3
hereby approved based on the following Findings of Fact:
1. That the waiver of plat meets the requirements for a waiver of plat.
2. That the new lots created meet the minimum requirements for the B -3 district.
1. That the waiver of plat is recorded with the Hennepin County Recorder.
Adopted this 8th day of November, 1995.
Charles D. Redepenning, Mayor
is
BE IT FURTHER RESOLVED, that application for Waiver of Plat WVR95 -3 is hereby approved
based on the following conditions: